Rochellel's Daily Wire

June 06, 2018

Buying Just Enough Unsecured Claims to Defeat Confirmation Is Ok, Ninth Circuit Says

To warrant ‘designation,’ a claim purchaser must have an ‘ulterior motive’ beyond self-interest.

9th Circuit

May 31, 2018

Ninth Circuit Widens Split on Failure to Object and Standing to Appeal

Although there may be standing to appeal, failure to object can bar an appeal under doctrines of waiver or forfeiture.

9th Circuit

May 15, 2018

Specific Personal Jurisdiction Exists over a Foreign Transferee in a Ponzi Scheme

Judge Lafferty lays out the standards for specific personal jurisdiction over a foreign defendant who received stolen property.

9th Circuit, California, California Northern District

May 10, 2018

Debtor’s Chapter 13 Counsel Properly Stiffed for End-of-Case Fees

Practice point: Be sure that a chapter 13 discharge excepts debtor’s unpaid counsel fees.

9th Circuit

May 09, 2018

A Fraudulent Transfer Complaint Doubles as an Exemption Objection

To suffice as an objection to exemption, a complaint must be filed within 30 days of the creditors’ meeting.

9th Circuit

May 09, 2018

California Judge Lays Out Rules for Jury Trials in Bankruptcy Court

Bankruptcy Judge Barash construes local rules to avoid invalidating a right to a jury trial.

9th Circuit, California, California Central District

May 03, 2018

Discharge Revoked for Failure to Obey an Order Pending Appeal

To avoid having a discharge revoked, a debtor must either comply with the order or obtain a stay pending appeal.

9th Circuit, Idaho

May 02, 2018

No “Related To” Jurisdiction for a Chapter 7 Debtor’s Postpetition Malpractice Claims

A chapter 7 debtor’s postpetition legal malpractice claims are not estate property, BAP says.

9th Circuit

May 01, 2018

Contract Wages for Executives Are Not Presumptively Allowable Postpetition, BAP Says

An executive with a rejected contract must prove value to have an allowable administrative claim, 9th Circuit BAP says.

9th Circuit

April 25, 2018

Violation of Discharge Is Now Difficult to Prove in the Ninth Circuit

An unreasonable but good faith, subjective belief that there is no injunction bars a finding of contempt in the Ninth Circuit.

9th Circuit